Atlanta DUI Lawyers
Proven DUI Defense Since 1985
Arrested for driving under the influence? You probably feel hopeless –
especially if you have a prior criminal record. At The Law Offices of
Howard J. Weintraub, P.C. we have fought for the rights of the accused
since 1985. With decades of legal experience behind us, we understand
the burden of a criminal arrest, and our Atlanta DUI attorneys are prepared
to protect your freedom and future.
It's important to remember that a DUI arrest is not a conviction and
there is still time to build the defense you need to combat the allegations
you face. When you come to our firm you can trust that our legal team
will go above and beyond to protect your rights in and out of the courtroom.
Arrested for a DUI?
Call 404-907-1536 for a Case Review with our Atlanta DUI lawyer.
DUI Cases We Handle:
Both Sides of the Courtroom
As a former prosecutor,
Attorney Howard J. Weintraub knows how the other side thinks. As a federal prosecutor, he gained invaluable experience learning about
criminal prosecution techniques and the strategies DUI prosecutors use
to pursue convictions. Today, our Atlanta DUI attorneys use this understanding
to the advantage of our clients.
We craft cases that are designed to aggressively combat popular prosecution
methods and common evidence, including:
Building a DUI Defense Strategy in Georgia
O.C.G.A. §40-6-391, it is illegal to operate a motor vehicle while under the influence of
alcohol or drugs. DUI is a serious criminal offense, and it poses serious
criminal penalties. This is why our firm is committed to helping people
who are facing DUI charges
fight a conviction and avoid maximum penalties.
Building a stable DUI defense strategy that is unique to your particular
case is essential to fighting for your freedom. Our Atlanta DUI lawyers
can help you develop a solid defense strategy to help improve the overall
outcome of your case.
Following are some common DUI defense strategies:
- Officer failed to follow protocols for the sobriety test
- Officer unlawfully stopped you
- Officer’s communications were outside of protocol or even inappropriate
- Officer unlawfully interrogated you
- You were experiencing medical conditions that was mistaken as drunken behavior
- Improper testing of blood alcohol samples
- Officer violated the rules of evidence and / or procedure
Georgia DUI Penalties
DUI may be tried as a misdemeanor or a felony charge. Depending on the circumstances of a DUI arrest, the penalties of a conviction
may range. However, the consequences to your criminal record and your
future opportunities are always severe. If you have been charged with
DUI, you may not expect a judge or the arresting officer to look after
your best interests.
Your first DUI conviction in Georgia may be punishable by:
- $1,000 fine
- Up to 12 months of imprisonment
- 40 hours of community service
Completion of a
Risk Reduction Program
- Mandatory drug / alcohol treatment
- 1 year of probation
- Driver's license suspension
Subsequent convictions and felony convictions will result in even more
severe penalties, including:
- Heavy fines
- License revocation
- Lengthy terms of imprisonment
Each case is different, and penalties may vary depending on the circumstances
involved. In any case, DUI convictions pose serious, long-term penalties
that should not be taken lightly.
Georgia's Implied Consent DUI Law
The state of Georgia and most other states throughout the country enforce
what is known as an implied consent law. Generally, implied consent means
that every motorist on the road has given their consent to submit to a
chemical test when a law enforcement officer has reason to believe that
they may be driving under the influence (DUI) of drugs or alcohol.
Under section 40-5-55 of the Georgia Code, any person who drives or who
is in actual physical control of a moving vehicle in Georgia is deemed
to have given consent to a chemical test. Chemical tests can include tests
of blood, breath, urine, or other bodily substances in order to determine
the presence of alcohol or any drug. Implied consent laws apply specifically
to situations in which a law enforcement officer suspects a motorist of
driving under the influence.
As part of the implied consent law, drivers who refuse to submit to a chemical
test can face serious penalties. Refusing a breath or blood test, for
example, can result in an automatic driver's license suspension and
can be used as evidence during criminal court proceedings. This is because
chemical tests are considered mandatory under Georgia's implied consent
law, unlike field sobriety tests, which are optional. While breath and
blood tests are the most commonly used tools to measure a person's
impairment, they are not always accurate and can be effectively challenged
with the assistance of an experience Atlanta DUI lawyer. When a driver
refuses to submit to a test, they leave themselves fewer options for defense.
If you or someone you care about has refused to take a chemical test, it
is in your best interests to discuss your case and your options with an
Atlanta DUI attorney from the Law Offices of Howard J. Weintraub.
Driver's License Restoration - Regular & Commercial
If your license was suspended, you only have 10 days to schedule an appeal
hearing—otherwise you may lose the ability to drive for more than one year!
License suspension is a penalty that many individuals face after a DUI arrest. People who
rely on their driving privileges to earn a living may suffer serious consequences
to their career if their license is suspended. At The Law Offices of Howard
J. Weintraub, P.C. our Atlanta DUI attorneys help regular Class C drivers
and commercial motor vehicle (CMV) drivers protect their privileges in
court and against automatic suspension in
ALS hearings at the Georgia DDS.
What Costs Will I Face for a DUI in Georgia?
How serious are these penalties to your wallet?
DUI convictions can be incredibly costly. Aside from the costs of dealing with the aftermath of a DUI arrest –
such as missing time from work to make court appearances and traveling
to and from court and the Georgia Department of Driver Services –
being convicted of a DUI offense can create a whole host of financial setbacks.
The most common costs associated with a DUI conviction include:
- Criminal fines
- Court fees
- Costs of DUI education classes
In addition to the general costs of a conviction that most people are familiar
with, there are also several hidden expenses. These expenses can persist
long after an arrest and conviction and can significantly impact an individual's
personal and financial life.
Hidden DUI expenses include:
Costs of Ignition Interlock Devices (IID) – Convicted drivers will need to pay for installation and removal
fees and will often be required to pay for periodic calibration of the
machine, which could be an added monthly expense.
Increased Insurance Premiums – Insurance companies are in business to make money, and will view
DUI convictions negatively. Additionally, points added to a license will
nearly always result in increased insurance premiums, which can quickly
add up over time.
Transportation Costs – License suspensions are often one of the most difficult consequences
of a DUI conviction. Paying for public transportation or rides from friends
can be expensive.
Community Service / Imprisonment– Community service is a common penalty for drivers convicted for
DUI. In many cases, individuals are required to pay some fees associated
with fulfilling their community service requirements. Time away from work
to participate in community service or serve a jail or prison sentence
will also be costly.
Employment – DUI convictions have the potential to impact one's employment
and education opportunities, especially if one has a professional license
or a job that requires them to drive. Losing a job or being turned away
from a position or school can be one of the most devastating financial
consequences of a DUI conviction.
Protecting Your Freedom, Finances, and Future
Call The Law Offices of Howard J. Weintraub, P.C. to see what our skilled Atlanta DUI lawyers can do for your case. You
may also contact us online at your earliest convenience or schedule an
initial consultation. Take the first step toward securing the legal guidance
you need. The sooner we hear from you, the faster our team can help your case.
If you are facing charges for DUI, don't hesitate to get the defense
Contact our firm today!